section 50
Employment of additional Police in cases of special danger to public peace.
The Maharashtra Police ActCriminal1951214 sections
Statutory text
- (1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification in the Official Gazette specify-
- (a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed,
- (b) the period for which the additional Police is to be employed : Provided that the period fixed under clause (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.
- (2) The decision of the State Government under clauses (a) and (b) of sub-section (1) shall be final.
- (3) On the issue of such notification, the State Government may require,-
- (a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, the Collector or any other authority,
- (b) in any disturbance area which is within the limits of municipality, the municipality, the Collector or any other authority,
- (c) in any disturbance area which is outside the areas specified in clauses (a) and (b) the Collector or any other authority, to recover, whether in whole or in part, the cost of such additional Police generally from all persons who are inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons, and in such proportion as the State Government may direct : Provided that where the Municipal Commissioner or the Municipality is directed to recover such cost, an additional sum not exceeding 3 per cent. of the amount of such cost shall also be recoverable.
- (4) (i) The State Government may require the Municipal Commissioner or the Municipality to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal wards, sub-wards or sections thereof, as the State Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the Municipal Commissioner or the Municipality from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said Act. Such addition shall be a charge along with the general or property tax, on the properties, in such municipal wards or sub-wards or sections.
- (ii) The State Government may also require the Municipal Commissioner or the Municipality to recover such cost and the additional sum from each person liable therefor under sub-section (3) in such manner as the State Government may direct.
- (iii) Where the Municipal Commissioner or a Municipality makes default in imposing and levying any such tax or in making such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery.
- (5) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.
- (6) It shall be lawful for the State Government by order to exempt any person from liability to bear any portion of the cost of such additional Police.
- (7) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (4) or (5) whether before or after the coming into operation of this Act the amount of the cost shall be paid to the State Government and the balance, if any, shall be credited to the Municipal fund constituted under the relevant Municipal Act. Such amount of cost shall be paid to the State Government every three months. Explanation.- In this section the expression "inhabitants" when used with reference to any area includes person who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.
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